§ 14-1. Airport improvement and revitalization. 1. Notwithstanding any
other provision of law to the contrary, an airport improvement and
revitalization grant and loan program is established. Such program is
established to provide assistance for the revitalization of public use
airports through funding of projects or portions thereof, for which
sufficient federal capital assistance and required non-federal matching
funding is not available and provided the project is consistent with the
airport layout plan approved by the department. The funding of capital
improvements pursuant to this section shall not be used to provide the
non-federal matching share for federal airport capital improvement
grants.

2. (a) Assistance may consist of grants and loans for capital
improvements and technical assistance provided by the department
pursuant to this section.

Loans and grants pursuant to this section may be made to any municipal
corporation, public authority, public benefit corporation or any
combination thereof, or to other owners of a public use airport for the
purpose of improving a public use airport. A county, pursuant to a
written agreement, may act on behalf of one or more cities, towns or
villages for the purposes of this section. No such assistance shall be
provided to any airport operated by a bi-state authority.

(b) Improvements pursuant to this section may be made for the
following purposes:

(i) construction, reconstruction, improvement, reconditioning and
preservation of capital facilities where the service life of the project
is at least ten years, and related engineering services provided,
however, that for pavement management projects the service life of the
project shall be at least five years;

(ii) purchase of airport equipment, including navigational aids,
acquisition of land and easements; and

(iii) technical assistance for airports including, but not limited to,
preparation of studies to attract, retain or improve air carrier or air
cargo services including low fare commercial service air carrier
services, airport business plans, activities to inform the general
public or public and private organizations of the availability and
economic impact of the airport and the aviation services at the airport
on the community.

(c) Assistance pursuant to this section shall be provided pursuant to
contract with the commissioner. Contracts for capital improvements shall
insure the availability to the public of any airport improved hereunder
for the useful life of such improvement as defined in section sixty-one
of the state finance law. The commissioner shall establish standards
governing the form, content and submission of applications for
participation in this program. Such standards shall include, but not be
limited to, the requirement that, with respect to applications submitted
by owners of privately-owned airports, the commissioner shall make a
determination that a request submitted by such owners will serve a
public purpose and such applications are accompanied by a resolution
from the governing body of the county in which such privately-owned
airport is located formally endorsing the project for which assistance
is requested. The commissioner shall not approve an application for a
grant or loan unless the applicant can demonstrate commitment of
sufficient funds to provide the match set forth in paragraph (d) of this
subdivision.

All loans shall be repaid within ten years and bear such rate of
interest as shall be established therefor by the commissioner upon the
issuance of the loan; provided, however, such rate shall not exceed six
percent per annum. Payments on all loans shall be made to the department
and credited to the airport improvement and revitalization fund
established pursuant to section eighty-eight-d of the state finance law.

(d) Matching ratios. (i) Capital grants and loans. State assistance
for the program shall cover the following share of the project cost: for
general aviation airports and commercial service airports with less than
fifty thousand annual enplanements, up to ninety percent; for commercial
service airports with fifty thousand or more but less than seven hundred
thousand annual enplanements, up to eighty percent; and for commercial
service airports with annual enplanements of seven hundred thousand or
more, up to seventy percent.

(ii) Technical assistance. Technical assistance may be up to eighty
percent of the project cost. Funding for technical assistance shall be
limited to general aviation airports and commercial service airports
with less than two hundred fifty thousand annual enplanements, provided,
however, that such funding may be granted to general aviation airports
and commercial service airports, regardless of the number of annual
enplanements, for the preparation of studies to attract, retain or
improve low fare commercial service air carrier services. The entire
cost of regional or statewide studies conducted by or on behalf of the
department may be funded.

(e) Funds for assistance pursuant to this section shall be from the
airport improvement and revitalization fund established pursuant to
section eighty-eight-d of the state finance law. No funds shall be paid
pursuant to this section unless the applicant for assistance provides
for the required non-state funded share of the costs of a project.

(f) No grant or loan to any eligible applicant shall exceed the sum of
two million five hundred thousand dollars, and no part of any such grant
or loan shall be used for salaries or for services regularly provided by
the applicant for administrative costs in connection with such grant or
loan.

(g) On or before May first each year, the commissioner shall submit a
report on the immediately preceding fiscal year to the governor,
temporary president of the senate and speaker of the assembly showing
the total funds available for assistance pursuant to this section,
itemization of assistance provided, and the repayments of loans.

(h) No provision of this section shall be deemed to make any applicant
ineligible for assistance otherwise available pursuant to section
fourteen-h or fourteen-k of this article.

(i) The commissioner may promulgate rules and regulations for the
implementation of this section.